The Preventive Turn in Criminal Law PDF Download

Author: Henrique Carvalho
Publisher: Oxford University Press
ISBN: 0198737858
Category : Law
Languages : en
Pages : 225

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Book Description
Engaging with contemporary literature on criminal law, prevention, risk, security, and criminalisation, this volume argues that the pervasiveness of prevention in 21st century criminal justice systems represents the manifestation of essential aspects of the liberal legal and political tradition.

Author: Tore Bjørgo
Publisher: Springer
ISBN: 1137560487
Category : Social Science
Languages : en
Pages : 418

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Book Description
Traditional "schools" of crime prevention, like the criminal justice model, social crime prevention or situational crime prevention, have proved to be too narrow and do not combine well with other approaches. However, each of these models provides important insights and contributions for reducing crime. By extracting the main preventive mechanisms of these diverse approaches, this book develops a more holistic, general model that consists of nine preventive mechanisms: building normative barriers to crime, reducing recruitment, deterrence, disruption, incapacitation, protecting vulnerable targets, reducing benefits of crime, reducing harm, and facilitating desistance. The measures to activate the preventive mechanisms may differ according to the type of crime, as may the actors in charge of implementing the relevant measures. However, Tore Bjørgo demonstrates how his model of crime prevention can be effectively applied to diverse forms of crime, from domestic burglaries to criminal youth gangs and driving under the influence to organized crime and terrorism. In doing so, this important book will be of interest to scholars and students of policing, security studies and criminology, as well as practitioners and policy-makers.

Author: Andrew Ashworth
Publisher: OUP Oxford
ISBN: 0191630756
Category : Law
Languages : en
Pages : 1171

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Book Description
Exploring the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual, this volume arises from a three-year study of Preventive Justice. The contributions examine whether and when preventive measures are justified, whether within or outwith the criminal law, and whether they signal a larger change in the architecture of security. Preventive measures include controversial crime control approaches such as pre-inchoate offences, pre-trial detention, restraining orders, and prevention detention of the dangerous. There are good reasons to justify state use of coercion to protect the public from harm, but while the rationales and justifications for state punishment have been extensively explored, the scope, limits, and principles of preventive justice have not received the same attention. This volume, written by world renowned scholars from different disciplinary backgrounds and jurisdictions, redresses the balance, assessing the foundations for the range of coercive measures that states now take in the name of prevention and public protection.

Author: Andrew Ashworth
Publisher: OUP Oxford
ISBN: 0191021059
Category : Law
Languages : en
Pages : 380

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Book Description
This book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state's use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limits and principles of preventive justice have attracted little doctrinal or conceptual analysis. This book re-assesses the foundations for the range of coercive measures that states now take in the name of prevention and public protection, focussing particularly on coercive measures involving deprivation of liberty. It examines whether these measures are justified, whether they distort the proper boundaries between criminal and civil law, or whether they signal a larger change in the architecture of security. In so doing, it sets out to establish a framework for what we call 'Preventive Justice'.

Author: Abigail Fagan
Publisher: John Wiley & Sons
ISBN: 139415335X
Category : Social Science
Languages : en
Pages : 518

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Book Description
Provides an integrated and holistic review of effective crime prevention programs, practices and policies, their theoretical grounding, the scientific evidence of their effectiveness, and the practical issues involved in their implementation at the community, state and national levels. The Prevention of Crime offers a comprehensive yet easy-to-understand overview of crime prevention strategies, such as programs and practices guided by life-course developmental theories of crime, situational crime prevention, law enforcement practices and policies, and correctional interventions. Containing the most up-to-date and accurate information about “what works” in crime prevention, this unique textbook introduces students to the public health and prevention science approaches to addressing the causes of crime, with a focus on prevention-oriented, community-based interventions. Throughout the text, the authors emphasize the importance of using high-quality scientific methodologies to identify effective and ineffective interventions that are based on theory, provide expert insights on practical issues relating to crime prevention in communities, and discuss how practitioners can effectively implement a range of crime prevention strategies. Incorporating recent advances and emerging research in the field, the second edition of The Prevention of Crime contains new and updated coverage of developments in criminological theory and evaluation methods, efforts to avoid and correct discriminatory crime prevention practices, understand how and why communities make adaptations to evidence-based interventions (EBI), strategies to investigate and communicate the impact of EBIs on different populations (including members of racial/ethnic minority groups), and more. This edition includes new links to relevant research and internet resources, additional real-world examples, updated crime statistics, and information on recent changes in EBI registries that list crime prevention interventions. Describes effective interventions that have been developed, tested, and used in the United States and internationally Demonstrates the relationship between criminological theories, research, and practice Discusses the practical challenges of implementing crime prevention strategies and policies Corrects misconceptions about widely-used prevention models shown to be ineffective in reducing crime Draws from cutting-edge conceptual frameworks and the latest research in prevention science and crime prevention Written to be accessible to students without formal training in research methods, The Prevention of Crime, Second Edition, is an excellent textbook for undergraduate and graduate programs in criminology, criminal justice, and prevention science programs, as well as courses on psychology, public health, sociology, and social work.

Author: Christopher Slobogin
Publisher: Oxford University Press
ISBN: 019977840X
Category : Psychology
Languages : en
Pages : 210

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Book Description
In this book, Slobogin and Fondacaro present their vision for a new juvenile justice system, founded on the evidence at hand and promoting the principles of rehabilitation and reintegration into society. The authors develop their juvenile justice policy proposals effectively by carefully addressing the problems with past policy approches and recent theoretical contributions.

Author: John Pratt
Publisher: Springer Nature
ISBN: 3030488721
Category : Social Science
Languages : en
Pages : 400

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Book Description
This book examines our contemporary preoccupation with risk and how criminal law and punishment have been transformed as a result of these anxieties. It adopts an historical approach to examine the development of risk control measures used across the US, UK, New Zealand, Australia and Canada - particularly since the 1980’s - with the rise of the "security sanction". It also takes a criminological and sociological approach to analysing shifts in criminal law and punishment and its implications for contemporary society and criminal justice systems. Law, Insecurity and Risk Control analyses the range and scope of the ‘security sanction’ and its immobilizing measures, ranging from control over minor incivilities to the most serious crimes. Despite these innovations, though, it argues that our anxieties about risk have become so extensive that the "security sanction" is no longer sufficient to provide social stability and cohesion. As a consequence, people have been attracted to the ‘magic’ of populism in a revolt against mainstream politics and organisations of government, as with the EU referendum in the UK and the US presidential election of Donald Trump in 2016. While there have been political manoeuvrings to rein back risk and place new controls on it, these have only brought further disillusionment, insecurity and anxiety. This book argues that the "security sanction" is likely to become more deeply embedded in the criminal justice systems of these societies, as new risks to both the well-being of individuals and the nation state are identified.

Author: Henrique Carvalho
Publisher:
ISBN: 9780191801501
Category : Criminal justice, Administration of
Languages : en
Pages : 207

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Book Description
Through a theoretical examination of the preventive turn in criminal law and justice which has gained momentum in Anglo-American criminal justice systems since the late-twentieth century, this work demonstrates how recent transformations in criminal law and justice are intrinsically related to and embedded in the way liberal society and liberal law have been imagined, developed, and conditioned by its social, political, and historical context. Henrique Carvalho identifies a tension between the idea of punishment as an expression of individual justice, and prevention as a manifestation of the need for security and the promotion of welfare. Tracing this tension back to an intrinsic ambivalence within the modern conception of individual liberty, which is both repressed and preserved by liberal conceptions of responsibility and punishment, Carvalho proves that as long as this ambivalence remains unexamined, liberal law has the potential to both promote and undermine individual justice. Engaging with the dominant contemporary literature on criminal law, prevention, risk, security, and criminalisation, this volume deploys a theoretical perspective developed through a critical analysis of both classical and contemporary works of social and political theory. The book reveals that the pervasiveness of prevention in 21st century criminal justice systems represents not only the consequence of new and unprecedented features of contemporary politics and society, but also the manifestation of essential aspects of the liberal legal and political tradition.

Author: R.A. Duff
Publisher: Oxford University Press
ISBN: 0199600554
Category : Law
Languages : en
Pages : 278

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Book Description
This is the first book of a series on criminalization - examining the principles and goals that should guide what kinds of conduct are to be criminalized, and the forms that criminalization should take. The first volume studies the scope and boundaries of the criminal law - asking what principled limits might be placed on criminalizing behaviour.

Author: Lucia Zedner
Publisher: OUP Oxford
ISBN: 0191639508
Category : Law
Languages : en
Pages : 1652

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Book Description
Celebrating the scholarship of Andrew Ashworth, Vinerian Professor of English Law at the University of Oxford, this collection brings together leading international scholars to explore questions of principle and value in criminal law and criminal justice. Internationally renowned for elaborating a body of principles and values that should underpin criminalization, the criminal process, and sentencing, Ashworth's contribution to the field over forty years of scholarship has been immense. Advancing his project of exploring normative issues at the heart of criminal law and criminal justice, the contributors examine the important and fascinating debates in which Ashworth's influence has been greatest. The essays fall into three distinct but related areas, reflecting Ashworth's primary spheres of influence. Those in Part 1 address the import and role of principles in the development of a just criminal law, with contributions focusing upon core tenets such as the presumption of innocence, fairness, accountability, the principles of criminal liability, and the grounds for defences. Part 2 addresses questions of human rights and due process protections in both domestic and international law. In Part 3 the essays are addressed to core issues in sentencing and punishment: they explore questions of equality, proportionality, adherence to the rule of law, the totality principle (in respect of multiple offences), wrongful acquittals, and unduly lenient sentences. Together they demonstrate how important Ashworth's work has been in shaping how we think about criminal law and criminal justice, and make their own invaluable contribution to contemporary discussions of criminalization and punishment.